Social Security Act 1985

6 Miscellaneous amendments relating to protection of pensions

(1) In subsection (1) of section 41A of the Social Security Pensions Act 1975 (protection of earners' pensions), the following words shall be substituted for the words from " than " to the end—

“(i) in a case where by virtue of paragraph 9(2)(b) of Schedule 16 to the Social Security Act 1973 a pension is provided by way of complete substitute for short service benefit, than the weekly rate of that pension; and

(ii) in any other case, than the relevant aggregate.”.

(2) The following subsection shall be inserted after subsection (IB) of that section—

“(1C) In subsection (1) above " the relevant aggregate" means the aggregate of the following—

(a) the relevant sum ;

(b) the excess mentioned in subsection (1)(c) above; and

(c) any amount which is an appropriate addition at the time in question.”.

(3) In subsection (1) of section 41B of that Act (protection of widows' pensions), the following words shall be substituted for the words from " than " to the end—

“(i) in a case where by virtue of paragraph 9(2)(b) of Schedule 16 to the [1973 c. 38.] Social Security Act 1973 a pension is provided by way of complete substitute for a widow's pension, than the weekly rate of the pension so provided ; and

(ii) in any other case, than the relevant aggregate.”.

(4) The following subsection shall be inserted after that subsection—

“(1A) In subsection (1) above " the relevant aggregate " means the aggregate of the following—

(a) the relevant sum ;

(b) the excess mentioned in subsection (1)(c) above; and

(c) any amount which is an appropriate addition at the time in question.”.

(5) In subsection (3) of that section, for the words " assumption specified in subsection (4) below " there shall be substituted the words " prescribed assumptions".

(6) Regulations under that subsection may be framed so as to have effect as from 1st January 1985.